When companies interview job applicants, they have a duty to focus questions on job qualifications or risk litigation by candidates who don’t get hired. Federal and state regulations prohibit discriminatory employment practices on the basis of race, color, national origin, religion, gender, age, disability, marital status and sexual orientation. These regulations are designed to protect you during your job search and cover all aspects of employment, including pre-hiring interviews.

Civil Rights Act

Under Title VII of the Civil Rights Act, an interviewer may not ask questions about your heritage, religious affiliations, political beliefs and any attributes related to ethnicity. Questions about your marital status, such as whether you are single, married or planning to get married, are also off limits. These questions are not job-related, and if asked, it is reasonable to assume the information will be used in hiring decisions.

Age Discrimination

The Age Discrimination in Employment Act protects workers and job seekers ages 40 and older from age-based employment discrimination. It is illegal for companies to make hiring choices based on age. Companies may not ask age-related questions during interviews. Doing so indicates intent to discriminate against older applicants. An appropriate alternative is to ask if you can provide proof that you are at least age 18 if hired.

Americans with Disabilities Act

People with disabilities must have the same opportunity as non-disabled job seekers to apply for jobs which they qualify. Interviewers may not ask about disabilities, whether physical or mental. Questions about medications you use or past workers compensation history are also not allowed. Hiring managers can not use medical exams until after they make a conditional job offer. They can ask if you are able to perform essential job functions.

Immigration Reform and Control Act

The Immigration Reform and Control Act prohibits hiring decisions based on a job seeker’s citizenship or immigration status. Companies may not ask questions about your nationality or ancestry. For example, the interviewer may not ask you about the country you are from, your parentage or when you became a U.S. citizen. An interviewer may ask if you will be able to prove your eligibility to work in the United States if hired.

Pregnancy Discrimination Act

The Pregnancy Discrimination Act prohibits discriminatory hiring practices based on pregnancy status. Interviewers may not ask if you are pregnant, have children, plan to have children or about your childcare provisions. This information has no relevancy to your current ability to do a job. An interviewer may ask if you can meet job requirements such as attendance, travel or relocation – as long as these questions are asked of all applicants.

Handling Illegal Interview Questions

Even though prohibited, illegal question can still come up in interviews. You can answer them truthfully or refuse on the basis of job relevancy. A better option is to gently probe for the reason behind the questions. For example, if an interviewer asks if you are married or have children, it could be they are concerned about your ability to travel or work extended hours. In this case, you would reassure the interviewer that you are capable of meeting all job requirements.

About the Author

Deb Dupree has been an active writer throughout her career in the corporate world and in public service since 1982. She has written numerous corporate and educational documents including project reports, procedures and employee training programs. She has a Bachelor of Science in chemical engineering from the University of Tennessee.